Politics
Wednesday April 23, 2008
See today's LifeSiteNews stories
Brazilian Judge Rules Abortion Law Unconstitutional
By Matthew Cullinan Hoffman
RIO VERDE, Brazil, April 23, 2008 (LifeSiteNews.com) - A judge in the state of Rio Verde, Brazil, has ruled that the federal penal code allowing abortions in cases of rape is unconstitutional, according to local media reports.
Judge Levine Raja Gabaglia Artiaga, of the fourth circuit criminal court of Rio Verde, stated in his ruling that permission to do such abortions injures "a good with greater protection in the constitution, stemming from natural right itself."
The Brazilian Constitution states that it "guarantees to Brazilians and to foreign residents of the Nation the inviolability of the right to life." Article 28 of the Brazilian penal code applies criminal penalties for all abortions except those for children conceived by rape.
Gabaglia observed, however, that the rape exception in the penal code effectively decriminalizes all abortions, because it does not require that the crime be proven in a court of law. "The effects of the condemnatory penal sentence cannot be foreseen. It is not possible to have certainty about the materiality nor the author of the crime," he wrote.
However, Judge Gabaglia simultaneously claimed in his ruling that the right to life could be forfeited if another equal or higher good was at stake.
For unexplained reasons, Gabaglia claimed that the hypothetical case of a minor under the age of 14 impregnated by rape meets such a standard, while cases of rape after the age of 14 does not.
According to Brazilian anti-abortion activist Julio Severo, the case will probably be reviewed by federal judges who will rule on the validity of Gabaglia's decision.
Back to TopSHARE THIS STORY: E-mail Print Newsvine Digg Reddit Del.icio.us Facebook
Latest Headlines
- Human Rights Commission Drops Complaint Against Catholic Magazine
- Canada's Catholic Bishops United in Opposition to Order of Canada Being Awarded to Morgentaler
- Highlights from Canada's Debate on the Morgentaler Order of Canada Fiasco
- Golden Arches Awash in Rainbow Colors: Family Group Boycotts McDonalds for Support for Homosexual Agenda
- Bishops Investigate Report: 39 Abortions, 9684 Sterilizations Performed in Texas Catholic Hospitals
- President Bush and Senator McCain Address National Right to Life Conference
- Formal Request Filed to Terminate Morgentaler's Appointment to the Order of Canada
- UK Catholic, Muslim Doctors May be Forced to Refer for Abortion
- UK Contraception and Abortion Promoters calling for Sex Ed for Four Year-Olds
- LAPD Sued for Alleged Discrimination against Officer's Religious Beliefs
- Foremost Expert on Contraception Says the Pill is Not Working - It's "Outdated"
- Letters to the Editor for Friday, July 4
- Morgentaler Order of Canada Protest Set for July 9 in Ottawa
- LifeSiteNews Now on Facebook - Join Our Group, Spread the Word
Most Read this Week
- Archbishop Calls All Catholics to Demand National Award to Abortion Doc be Revoked
- Pro-Life Groups Horrified by Morgentaler's Appointment to the Order of Canada
- Pro-Life Group Appalled that Abortionist Morgentaler Would Even be Considered for Order of Canada
- Online Polls Ask Whether Morgentaler Should Have Been Awarded Order of Canada
- Human Rights Commission Drops Complaint Against Catholic Magazine
- Confirmed: Advisory Council Has Voted to Award Order of Canada to Abortionist Henry Morgentaler
- Numerous MPs Condemn Morgentaler Order of Canada Decision
- Order of Canada Members Return their Awards Over Morgentaler Decision
- Official Announcement of Arch-Abortionist Morgentaler Receiving Order of Canada
- National Group Launches Petition Calling for Morgentaler Order of Canada Appointment to be Revoked
MORE NEWS: 
LifeSiteNews.com Home Page Last 10 Days Archives Special Reports
Copyright © LifeSiteNews.com. This work is licensed under a Creative Commons Attribution-No Derivatives License. You may republish this article without request provided the content is not altered and it is clearly attributed to "LifeSiteNews.com". Any Internet re-publishing of original LifeSiteNews articles MUST additionally include a live link to www.LifeSiteNews.com. Republishing of articles on LifeSiteNews that have come from other news sources as noted is subject to the conditions of those sources.